MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           16 May 2002                   
	DOCKET NUMBER:   AR2002066581

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Roger W. Able		Member	
	Ms. Paula Mokulis		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his records be corrected to show he enlisted in the rank and grade of Private First Class (PFC), E-3.

APPLICANT STATES:  That his guidance counselor gave him a document before he departed the Military Entrance Processing Station that stated he was to be advanced to PFC because he completed the required number of college credits.  His counselor did not have the time to change his rank because he would have missed the bus to get to his guaranteed assignment.  He turned the document in to personnel at basic training and his rank was changed to PFC.  However, his first leave and earnings statement reflected the rank of Private, E-2 (PV2).  He was told there are two databases and he would have to wait until he got to his first duty station to update the pay grade database.  The only problem is no one could trace the document he gave to personnel at basic training.  He provides his enlistment contract, his Enlisted Record Brief, a copy of his transcripts, and a copy of his military occupational specialty orders which show his rank as PFC in the standard name line.

EVIDENCE OF RECORD:  The applicant's military records show:

By the spring of academic year 1994, he had completed 46 quarter hours from Gordon College, Barnesville, GA.  He was awarded 95 quality points.  It appears he earned an additional 10 quarter hours in the fall of 1995.  He enlisted in the Regular Army on 22 August 2000 in the rank and grade of PV2.  

Army Regulation 601-210 prescribes eligibility criteria governing the enlistment of persons, with or without prior service, into the Regular Army and the U.S. Army Reserve.  In pertinent paragraphs, it states that the date of rank for persons without prior service enlisting in the Regular Army will be the date of enlistment on active duty.  Applicants who have completed 30 or more classroom semester hours (45 or more quarter hours) of an accredited college or university are authorized enlistment in pay grade E-2.  Applicants who have completed 60 or more classroom semester hours (90 or more quarter hours) of an accredited college or university are authorized enlistment in pay grade E-3.  

In the processing of this case, an advisory opinion was obtained from the Recruiting Policy Branch, Office of the Deputy Chief of Staff for Personnel.  That office opined that the applicant did not meet the eligibility criteria for accelerated promotion to PFC, he met the eligibility criteria for accelerated promotion to PV2, and recommended that relief be denied.

A copy of the advisory opinion was provided to the applicant for comment or rebuttal.  He did not respond within the given time frame.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, it is concluded:

1.  It is not clear why the applicant’s guidance counselor would have believed he met the eligibility criteria for promotion to PFC unless the counselor was reading the quality points (95) as the quarter hours earned (46 or 56).  Since the available evidence shows the applicant earned only 46 or 56 quarter hours, he was correctly enlisted in the rank and grade of PV2, E-2.  

2.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__fne___  __rwa___  __pm____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002066581	
SUFFIX		
RECON		
DATE BOARDED	20020516	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	112.02	
2.		
3.		
4.		
5.		
6.